WESTERN Cape High Court Judge Vincent Saldanha declared the conditions at Pollsmoor Prison’s remand detention facility unconstitutional in what has been hailed a historic victory for awaiting-trial prisoners.
It now has only 15 days to reduce overcrowding.
Sonke Gender Justice National Prisons specialist Ariane Nevin said: “This order is a victory for all remand detainees, not just those held in Pollsmoor.
"Today’s ruling establishes the government has a constitutional obligation to address overcrowding and the inhumane conditions in prisons.”
Lawyers for Human Rights (LHR) Penal Reform Programme head Clare Ballard said: “Given that this is the first case of its kind to come before the courts, the applicant and LHR are optimistic that this will lead to further and future improvements in the South African penal system. This is a truly historic moment for prisoners' rights.”
This after Sonke and LHR filed an application with the high court to compel the government to address “the extreme overcrowding and inhumane conditions” suffered by detainees awaiting trial.
Judge Saldanha ordered the Department of Correctional Services to reduce overcrowding by Wednesday, December 21 to no more than 120 percent of its approved capacity – unless it can show “good cause” as to why not.
The government has until January 31 to develop and file a comprehensive plan, including time frames for its implementation, which addresses and will put an end to the deficiencies in the provision of exercise, nutrition, accommodation, ablution facilities and health care services for the Pollsmoor inmates.
“This legal precedent will assist remand detainees and hopefully sentenced inmates to secure their rights to conditions of confinement consistent with their right to human dignity,” Sonke Gender Justice said.
The organisations were pleased after waiting almost a year that the court ruled in their favour and declared the government’s “failure to fulfil its obligations” unconstitutional in terms of the Correctional Services Act.
Reacting to the ruling, Department of Correctional Services spokesperson Logan Maistry said last night they noted the ruling and remained committed to detaining all inmates in safe custody, while ensuring their human dignity.
“Due to the seriousness with which DCS views the matter, several steps have already been initiated to address the issue.
“This multipronged strategy includes managing the levels of remand detainees through the Integrated Justice System, Case Management Task Team and Inter-Sectoral Committee on Child Justice; improving effective and appropriate use of conversion of sentence to community correctional supervision; release on parole and transfers between correctional centres.”
He said other steps included the upgrading of correctional facilities, building of more correctional centres and enhancing community corrections, as an appropriate sentence for less serious crimes.
“In order to address the fragmented management of the above multi-pronged strategy, a National Overcrowding Task Team has been established in conjunction with Regional Overcrowding Task Teams to facilitate and monitor progress.
“The Task Team is focusing on short, medium and long-term interventions.
"DCS also participated in the Judicial Inspectorate for Correctional Services (JICS) Seminar on Overcrowding held on November 30 and has also partnered with non-governmental organisations to address this issue.”
The department also reacted to a Cape Times report yesterday on a family's concerns about the circumstances of the death of an awaiting trial prisoner at Pollsmoor, alleging he had been assaulted by warders.
“The department can confirm that inmate Isrodien Stemmet passed away on December 2, 2016.
"The inmate was rushed to hospital after he started vomiting blood and died on arrival at the hospital. A post-mortem will be conducted to determine the cause of death,” said acting regional spokesperson Carla Williams.
“It is normal procedure for Correctional Services to conduct an investigation after the death of an inmate and the SAPS will conduct an external investigation, which will clear up the many allegations made around the death of the inmate.
“If the allegations made are correct that the offender was assaulted, the minimum force should be used in dealing with inmates who are violent and no inmate should be harmed intentionally.
‘‘The next-of-kin as reflected in our records were informed of the inmate’s death.’’